Mondell (O.) Importers Ltd. v. Minister of National Revenue (Customs and Excise), (1989) 100 N.R. 312 (FCA)

• Judge: Urie, Hugessen and Desjardins, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: May 05, 1989
• Jurisdiction: Canada (Federal)
• Citations: (1989), 100 N.R. 312 (FCA)

Mondell Importers Ltd. v. MNR (1989), 100 N.R. 312 (FCA)

MLB headnote and full text

The Deputy Minister of National Revenue for Customs and Excise (appellant) v. O. Mondell Importers Ltd. (respondent)

(A-1377-87)

Indexed As: Mondell (O.) Importers Ltd. v. Minister of National Revenue (Customs and Excise)

Federal Court of Appeal

Urie, Hugessen and Desjardins, JJ.A.

May 5, 1989.

Summary:

The Tariff Board ruled that an appeal from a final determination of dumping was not out of time, because the notice of final determination of dumping was defective. The Deputy Minister of National Revenue for Customs and Excise appealed.

The Federal Court of Appeal dismissed the appeal.

Courts - Topic 4085

Federal Court of Canada - Jurisdiction - Federal Court of Appeal - Decision or order - What constitutes - The Federal Court of Appeal doubted that a ruling by the Tariff Board that it had jurisdiction over an appeal was an appealable "order or finding" under ss. 20(1) and 19(3) of the Anti-Dumping Act - See paragraphs 12 to 16.

Customs - Topic 9587

Dumping and subsidies - Final determination of dumping - Notice - A Federal Court of Appeal held that notice of a final determination of dumping which did not state that specific goods imported prior to the date of the Anti-Dumping Tribunal's finding were goods of the type described in that finding or state the normal value and the export price of those specific goods as required by s. 17(1) of the Anti-Dumping Act was invalid - Consequently, time for an appeal from the final determination of dumping did not begin to run - See paragraphs 1 to 15.

Customs - Topic 9655

Dumping and subsidies - Practice - Appeals - Time for appealing - [See Customs - Topic 9587 above].

Customs - Topic 9655

Dumping and subsidies - Practice - Appeals - Decision or order - What constitutes - [See Courts - Topic 4085 above].

Cases Noticed:

Danmor Shoes Ltd., Re, [1974] 1 F.C. 22; 1 N.R. 422, appld. [para. 15].

Statutes Noticed:

Anti-Dumping Act, R.S.C. 1970, c. A-15, sect. 17, sect. 18, sect. 19 [para. 5]; sect. 20(1) [para. 13].

Counsel:

Harry Clinter, for the appellant;

Terry A. Gutkin, for the respondent.

Solicitors of Record:

John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the appellant;

Wolchock and Company, Winnipeg, Manitoba, for the respondent.

This case was heard on April 25, 1989, at Winnipeg, Manitoba, before Urie, Hugessen and Desjardins, JJ.A., of the Federal Court of Appeal.

On May 5, 1989, Hugessen, J.A., delivered the following judgment for the Federal Court of Appeal: